Couples having marital problems are often confused about the legalities of getting divorced. One of our specialist divorce attorneys will give you guidance throughout the process and answer all your questions. Let’s take a look at the type of confusion that surrounds the lawful end to a marriage in North Carolina, bearing in mind that divorce should only be considered if there is no chance of reconciliation.
Can the same lawyer represent us both?
The answer is no. The Rules of Professional Conduct prohibit an attorney from representing both parties in a potentially adversarial divorce.
If we separate, can we continue living under the same roof?
No. To be separated, the wife and husband must live in different residences.
To be legally separated, do we have to sign papers?
No. As soon as you start living apart with the intention of staying apart, you are legally considered to be separated. Although NC law doesn’t require you to sign papers, it may be a good idea to ask a lawyer to draft a separation agreement.
What if we cannot reach an agreement?
In this case, it will be necessary to obtain a court order.
How is a court order obtained?
Before the court has authority to issue an order, one of the spouses has to initiate a lawsuit against the other. When the lawsuit is opened, the court is then able to resolve matters like child custody, visitation rights, child support, temporary spousal support, property division, and alimony.
To discuss these and other divorce issues in more detail, contact one of our experienced divorce attorneys.
(Articles on this blog are provided for informational purposes only. Use of this blog does not provide or replace individualized legal advice. If you are in need of legal advice, please speak with one of our attorneys, who can offer legal advice specific to your circumstances.)